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Published in Government Gazette 26th November, 2004 as Act 13/2004. (General Notice 548/2004)
Commencement: 14th January, 2005 (fixed by Statutory Instrument 4/2005 in terms of section 1(2) of
the Act).
Amended by: Act No. 23 of 2004; Act No. 5 of 2014; Act No. 3 of 2016

CHAPTER 9:22

ANTI-CORRUPTION COMMISSION ACT

ARRANGEMENT OF SECTIONS
Section
1. Short title and date of commencement.
2. Interpretation.
3. Anti-Corruption Commission to be a corporate body.
4. Appointment of Chairperson and Deputy Chairperson of Commission.
5. Qualifications of Chairperson.
6. Tenure of office of members.
7. Conditions of service of members.
8. Disclosure of interests by members.
9. Disqualification for appointment as a member.
10. Termination of membership.
11. Objects of Commission.
12. Functions of Commission.
13. Powers of Commission.
14. Staff of Commission.
15. Meetings of Commission.
16. Committees of Commission.
17. Reports of Commission.
18. Funds of Commission.
19. Regulations.

SCHEDULE: Powers of Commission.

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ACT
To provide for the establishment of the Anti-Corruption Commission in order to
combat corruption, and to provide for matters connected with or incidental to
the foregoing.

WHEREAS section 108A of the Constitution provides as follows:

“108A Anti-Corruption Commission
(1)  There shall be an Anti-corruption Commission consisting of at least four and not
more than nine members appointed by the President.

"WHEREAS sections 254 and 255 of the Constitution provides as follows:

(1)  There is a commission to be known as the Zimbabwe Anti-Corruption Commission
consisting of—
(a) a chairperson appointed by the President after consultation with the Committee
on Standing Rules and Orders; and
(b) eight other members appointed by the President from a list of not fewer than
twelve nominees submitted by the Committee on Standing Rules and Orders.
(2)  Members of the Zimbabwe Anti-Corruption Conmmission must be chosen for their
integrity and their knowledge of and experience in administration or the prosecution or
investigation of crime or for their general suitability for appointment, and—
(a) at least one must be qualified to practise as a legal practitioner in Zimbabwe,
and have been so qualified for at least seven years;
(b) at least one must be qualified to practise as a public accountant or public
auditor in Zimbabwe, and have been so qualified for at least seven years; and
(c) at least one must be a person with at least ten years’ experience in the
investigation of crime.
255 Functions of Zimbabwe Anti-Corruption Commission
(1)  The Zimbabwe Anti-Corruption Commission has the following functions—
(a) to investigate and expose cases of corruption in the public and private sectors;
(b) to combat corruption. theft, misappropriation, abuse of power and other
improper conduct in the public and private sectors;
(c) to promote honesty, financial discipline and transparency in the public and
private sectors;
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(d) to receive and consider complaints from the public and to take such action in
regard to the complaints as it considers appropriate;
(e) to direct the Commissioner-General of Police to investigate cases of suspected
corruption and to report to the Commission on the results of any such
investigation;
(f) to refer matters to the National Prosecuting Authority for prosecution;
(g) to require assistance from members of the Police Service and other investigative
agencies of the State; and
(h) to make recommendations to the Government and other persons on measures to
enhance integrity and accountability and prevent improper conduct in the public
and private sectors.”.
[Preamble as substituted by s. 2 of Act No. 3 of 2016]
NOW THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as
follows:—

1 Short title and date of commencement

(1)  This Act may be cited as the Anti-Corruption Commission Act [Chapter 9:22].
(2)  This Act shall come into operation on a date to be fixed by the President by statutory
instrument:

2 Interpretation
In this Act—
“Chairperson” means the Chairperson of the Commission appointed in terms of subsection
(2) of section four;
“Commission” means the Anti-Corruption Commission constituted in terms of section
108A of the Constitution;
“Deputy Chairperson” means the Deputy Chairperson of the Commission appointed in
terms of subsection (2) of section four;
“judicial officer” means a judge, president, magistrate, presiding officer or other person
presiding over a court or tribunal;
“member” means a member of the Commission, including the Chairperson and Deputy
Chairperson;
“Minister” means the Minister of Special Affairs in the President’s Office in charge of the
Anti-Corruption and Anti-Monopolies Programme or any other Minister to whom the
President may from time to time assign the administration of this Act;
“offence related to corruption” means—
(a) any offence referred to in Chapter IX (“Bribery and Corruption”) of the Criminal Law
Code; and
[Paragraph as amended by s.  282 of Act No. 23 of 2004]
(b) any other offence specified by the Minister by notice in a statutory instrument
after consultation with the Commission;
 4

“officer” means an officer of the Commission appointed in terms of subsection (1) of

section fourteen;
“public office” means a paid office in the service of the State, a statutory body or a local
authority;
“public officer” means—
(a) the President, a Vice-President, Minister or Deputy Minister; or
(b) a judicial officer; or
(c) a governor appointed in terms of an Act referred to in section IIIA of the
Constitution; or
(d) a member of a council, board, committee or other authority which is a statutory
body or local authority or which is responsible for administering the affairs or
business of a statutory body or local authority; or
(d) a person holding or acting in a public office;
“statutory body” means—
(a) any Commission established by the Constitution; or
(b) any body corporate established directly by or under an Act for special purposes
specified in that Act, the membership of which consists wholly or mainly of
persons appointed by the President, a Vice President or by a Minister.

3 Anti-Corruption Commission to be a corporate body

The Anti-Corruption Commission shall be a body corporate capable of suing and being
sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate
may by law perform.

4 Appointment of Chairperson and Deputy Chairperson of Commission

(1)  The President shall appoint a Chairperson and a Deputy Chairperson from among the
members of the Commission.
(2)  If the office of the Chairperson is vacant or the Chairperson is absent from duty, the
Deputy Chairperson shall, save where the President otherwise directs, act as Chairperson.

5 Qualifications of Chairperson
The Chairperson shall be a person who—
(a) has at least ten years experience in the investigation of crime; or
(b) has seven years post qualification experience as an auditor or public accountant; or
(c) is eligible to be appointed as a judge or has been a judge of the High Court or
Supreme Court of Zimbabwe; or
(d) in the opinion of the President, is a person of ability and experience and distinguished
in the public life of Zimbabwe.

6 Tenure of office of members

(1)  The Chairperson shall hold office for a period of three years and may be re-appointed
for another term of three years but shall not be eligible for reappointment thereafter.
 5

(2)  A member shall hold office for a period of two years and may be re-appointed for
another term of two years but shall not be eligible for re-appointment thereafter.

7 Conditions of service of members

(1)  The members shall hold office on such terms and conditions, including such terms and
conditions relating to the payment of salary, allowances and pensions benefits as the President
may fix in consultation with the Minister and the Minister responsible for finance.
(2)  Each member shall, before entering upon his or her office, take and subscribe before
the President, or some other person authorised by the President in that behalf, the oath or
affirmation of office set out in Schedule 1 of the Constitution.
(3)  The salaries, allowances and any pension benefits payable to the members shall be paid
out of the Consolidated Revenue Fund, which is hereby appropriated for the purpose.
(4)  The salary, allowances and pension benefits payable to a member under subsection (1)
shall not be reduced during the period he or she holds the office concerned or acts as holder
thereof.
(5)  At the time of appointment every member shall undertake not to hold any other public
office during his or her term of office.

8 Disclosure of interests by members

(1)  Before any member performs any function as such, the member shall disclose in
writing to the President the full extent of—
(a) every occupation, service or employment in which the member or his or her spouse
engages for remuneration; and
(b) all assets held by the member or his or her spouse, in excess of such value as the
President may specify.
(2)  As soon as possible after the member or his or her spouse—
(a) commences any occupation, service or employment for remuneration; or
(b) acquires any asset in excess of such value as the President may have specified in terms
of paragraph (b) of subsection (1);
the member shall disclose that fact in writing to the President.

9 Disqualification for appointment as a member

(1)  The President shall not appoint a person as a member and no person shall be qualified
to hold office if that person—
(a) is not a citizen of Zimbabwe; or
(b) is under the age of forty years; or
(c) has been adjudged or otherwise declared insolvent or bankrupt in terms of a law in
force in any country, and has not been rehabilitated or discharged; or
(d) has made an assignment to or arrangement or composition with his or her creditors in
terms of a law in force in any country, and the assignment, arrangement or
composition has not been rescinded or set aside; or
(e) has been convicted—
 6

(i) in Zimbabwe, in respect of an offence involving dishonesty; or

(ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe,
would have constituted an offence involving dishonesty
(2)  A person who is—
(a) a member of Parliament; or
(b) a member of a statutory body;
shall not be appointed as a member, nor shall that person hold office as a member.
(3)  For the purposes of paragraph (b) of subsection (2) a person who is appointed to a
council, board or other authority which is a statutory body, or which is responsible for the
administration of the affairs of a statutory body, shall be regarded as a member of that statutory
body.

10 Termination and suspension of membership

(1)  For the purposes of subsections (5) and (6) there shall be a committee, hereinafter in
this section referred to as “the Independent Disciplinary Committee”, consisting of—
(a) a person, not being a member of the Commission, appointed by the President from a
list of three registered legal practitioners recommended by the Minister, who shall be
the chairperson of the Independent Disciplinary Committee; and
(b) a member of the Commission chosen by the President from a panel of three members
of the Commission nominated by the Commission; and
(c) a person who shall not be a member of Parliament chosen by the President from a list
of not less than three names submitted by the portfolio committee of Parliament
responsible for legal affairs.
(2)  A member of the Commission shall vacate his or her office if the member—
(a) has, subject to subsections (3), (4) and (5), been found to have conducted himself or
herself in a manner that renders him or her unsuitable to continue as a member; or
(b) has failed to comply with any term or condition of office fixed by the President; or
(c) is mentally or physically incapable of efficiently carrying out his or her functions as a
member; or
(d) has been absent without the permission of the Commission from three consecutive
meetings of the Commission of which he or she was given at least seven days’ notice,
and there was no just cause for the member’s absence; or
(e) has given one month’s notice in writing to the Minister of his or her intention to
resign office or after the expiry of such other period of notice as the member and the
Minister may agree.
(3)  The President may suspend a member of the Commission—
(a) whom he or she suspects on reasonable grounds of having been guilty of conduct
referred to in paragraph (a) of subsection (2); or
(b) against whom criminal proceedings have been instituted for an offence in respect of
which a sentence of imprisonment without the option of a fine may be imposed;
and while that member is so suspended he or she shall not carry out any functions as a member.
 7

(4)  A member suspended in terms of paragraph (a) of subsection (3) shall be given notice
in writing of the grounds for the suspension and may, within fourteen days of being so notified,
make written representations to the Independent Disciplinary Committee showing cause why no
finding of misconduct rendering him or her unsuitable to be a member of the Commission
should not be made.
(5)  The Independent Disciplinary Committee shall require a member suspended in terms of
subparagraph (a) of subsection (3) to vacate his or her office if—
(a) no representations are made by the member in terms of subsection (4); or
(b) it finds that the member is guilty of the misconduct alleged under paragraph (a) of
subsection (2).
(6)  If the Independent Disciplinary Committee finds that a member suspended in terms of
subparagraph (a) of subsection (3) is not guilty of the misconduct alleged, the suspension of the
member shall, by virtue of that finding, be rescinded.

11 Objects of Commission
Subject to this Act, the objects of the Commission shall be—
(a) to promote the investigation of serious cases of corruption and fraud;
(b) to make proposals for the elimination of corruption in the public and private sectors;
(c) to promote awareness among the public of the causes of corruption and its effects on
society;
(d) to propose new or more effective procedures for the administration of the
Commission.

12 Functions of Commission
In addition to its functions under the Constitution, the Commission shall have the
following functions—
(a) to monitor and examine the practices, systems and procurement procedures of public
and private institutions; and
(b) to enlist and foster public support in combating corruption in society; and
(c) to educate the public on the dangers of corruption in society; and
(d) to instruct, advise and assist any officer, agency or institution in the elimination or
minimisation of corruption; and
(e) to receive and investigate any complaints alleging any form of corruption; and
(f) to investigate any conduct of any person whom the Commission has reason to believe
is connected with activities involving corruption; and
(g) to assist in the formulation of practices, systems and procurement procedures of public
and private institutions with a view to the elimination of corrupt practices; and
(h) to advise on ways of strengthening anti-corruption legislation; and
(i) to recommend to the Government that it ratify and domesticate relevant international
legal instruments aimed at combating corruption.
 8

13 Powers of Commission
(1)  Subject to this Act, for the better exercise of its functions the Commission shall have
power to do or cause to be done, either by itself or through its agents, all or any of the things
specified in the Schedule, either absolutely or conditionally and either solely or jointly with
others.
(2)  The Commission shall exercise its powers concurrently with those of the police.
(3)  In exercising its powers, the Commission shall be governed by the relevant provisions
of the Criminal Procedure and Evidence Act [Chapter 9:07] which govern the police.
(4)  An officer who intends to make any search, entry or seizure for the purposes of this
section shall—
(a) notify the officer commanding the police district in which the officer intends to make
the search, entry or seizure; and
(b) be accompanied by a police officer assigned to him or her or by the police officer
referred to in paragraph (a):
Provided that where an officer has reason for believing that any delay involved in
obtaining the accompaniment of a police officer would defeat the object of the search,
entry or seizure, he or she may make such search, entry or seizure without such police
officer.
(5)  In the event of any conflict arising in the exercise of their powers between the
Commission and the Zimbabwe Republic Police, the Prosecutor-General shall have the power
to intervene and direct the parties to do anything that in his or her opinion must be done to
resolve the conflict.
[Subsection as amended by s. 33 of Act No. 5 of 2014]

14 Staff of Commission
(1)  The Commission in consultation with the Minister and the Minister responsible for
finance may employ on such terms and conditions as it may determine officers who are
necessary for the conduct of the business of the Commission and may suspend, discipline or
discharge any such persons in accordance with standing orders referred to in paragraph 10 of
the Schedule.
(2)  The officers of the Commission shall not be members of the Public Service
Commission.

15 Meetings of Commission
(1)  The Chairperson shall, as often as he or she considers it necessary for the fulfilment of
the objects and the exercise of the functions of the Commission, fix the date, time and place of
meetings of the Commission.
(2)  The Chairperson or Deputy Chairperson and any three members shall constitute a
quorum.
(3)  Any question arising at a meeting of the Commission shall be decided by a majority of
the members present and voting and, in the event of there being equal votes, the Chairperson or
Deputy Chairperson (as the case may be) shall have a casting vote.
 9

(4)  The Chairperson may, with the approval of the Commission, invite any person with
special knowledge or experience of any matter under consideration in terms of this Act to
attend a meeting of the Commission, but such person shall not vote on any question before the
Commission.
(5)  The Commission may regulate the proceedings at its meetings as it thinks fit, and shall
keep minutes of the proceedings.

16 Committees of Commission
(1)  For the consideration of any matter in terms of this Act, the Commission may appoint
one or more committees on which it may confer such of the functions of the Commission as it
thinks fit:
Provided that the vesting of any functions in a committee in terms of this section shall not
thereby divest the Commission of such functions, and the Commission may amend or rescind
any decision of any committee in the exercise of its functions.
(2)  In appointing a committee in terms of subsection (1), the Commission shall appoint not
fewer than three and not more than five persons, who may be chosen from members and from
persons having special knowledge or experience of the matter to be considered by the
committee:
Provided that at least one person appointed to the committee shall be a member.
(3)  Members appointed in terms of subsection (1) shall elect one of their number to be
chairperson of the committee.
(4)  A member of a committee appointed in terms of subsection (1) who is not a member of
the Commission and is not in full-time employment of the State, a statutory body or a local
authority shall be paid from the funds of the Commission such allowances as the Commission
may fix with the approval of the Minister responsible for finance.
(5)  Section fifteen shall apply, with any changes that may be necessary, to meetings and
reports of a committee appointed in terms of subsection (1).
(6)  Any report of a committee appointed in terms of subsection (1) shall, if such report is
approved by the Commission, be deemed to be a report of the Commission.

17 Reports of Commission
(1)  The Commission shall, in addition to its annual report referred to in subsection (5),
submit to the Minister—
(a) such reports as the Minister may require; and
(b) such occasional or periodic reports as it considers advisable;
in connection with any matter related to its functions.
(2)  In the case of dissent from the majority recommendations of a report, the Commission
shall, at the request of the dissenting member, record the dissent and the reasons therefor.
(3)  At any time, before making a final report the Commission may, or, if so directed by the
Minister, shall make an interim report on any matter under consideration by it.
(4)  The Commission may, after submitting a report to the Minister, publish such report in
such manner as it thinks fit.
 10

(5)  The Commission shall, as soon as practicable after the 31st December in each year,
prepare and submit to the Minister an annual report on all its activities during the year ended on
that date.
(6)  The Minister shall lay before Parliament, on one of the fourteen days on which
Parliament next sits after the report is received by him or her—
(a) the annual report submitted to him in terms of subsection (5); and
(b) any other report submitted to him or her in terms of this section which the
Commission has requested should be laid before Parliament;
together with any comments as the Minister thinks fit to make thereon.

18 Funds of Commission
(1)  The funds of the Commission shall consist of such moneys as may be payable to the
Commission from moneys appropriated for the purpose by Act of Parliament.
(2)  The Commission’s financial year shall be the period of twelve months ending on the
31st December in each year or such other date as the Minister may prescribe.
(3)  The Commission shall ensure that proper accounts and other records relating to the
accounts are kept in respect of all its activities, funds and property, including such particular
accounts and records as the Minister may direct.
(4)  Not later than three months after the end of each financial year of the Commission, the
Commission shall prepare and submit to the Minister a statement of accounts in respect of that
financial year or such other period as the Minister may direct.
(5)  Subject to the Public Finance Management Act [Chapter 22:19] (No. 11 of 2009), the
Commission shall appoint as auditors one or more persons who are registered as public auditors
in terms of the Public Accountants and Auditors Act [Chapter 27:12].
[Subsection as amended by s. 2 of Act No. 3 of 2016]
(6)  The accounts kept by the Commission in terms of subsection (3) shall be examined by
the auditors appointed in terms of subsection (5).
(7)  The auditors appointed in terms of subsection (5) shall make a report to the
Commission and to the Minister on the statement of accounts prepared in terms of subsection
(4), and in their report shall state whether or not in their opinion the statement of accounts gives
a true and fair view of the Commission’s financial affairs.

19 Regulations
The Minister after consultation with the Commission may make regulations providing for
all matters which by this Act are required or permitted to be prescribed or which, in his or her
opinion, are necessary or convenient to be provided for in order to carry out or give effect to
this Act.
 11

SCHEDULE (Section 13)

POWERS OF COMMISSION

1. To make recommendations to the police to arrest and detain any persons reasonably
suspected of committing any of the following offences and to communicate any such
recommendation to the Prosecutor-General—
[Paragraph as amended by s. 33 of Act No. 5 of 2014]
(a) any offence related to corruption;
(b) contravening the Money Laundering and Proceeds of Crime Act [Chapter 9:24] (No.4
of 2013) section 63 (“Money-laundering”) of the Serious Offences (Confiscation of
Profits) Act [Chapter 9:17];
[Subparagraph as amended by s. 33 of Act No. 5 of 2014]
(c) the sale, removal or disposal outside Zimbabwe of any controlled product in
contravention of the Grain Marketing Act [Chapter 18:14];
(d) any offence under any enactment relating to the unlawful possession of, or dealing in,
precious metals or precious stones;
(e) any offence referred to in Chapter VII (“Crimes Involving Dangerous Drugs”) of the
Criminal Law Code, other than unlawful possession or use of dangerous drugs where
the dangerous drug in question is cannabis;
(f) fraud or forgery¾
(i) involving prejudice or potential prejudice to the State, except where the
magnitude of the prejudice or potential prejudice is less than such amount as
the Minister responsible for justice may prescribe by notice in a statutory
instrument; or
(ii) committed by a person, group of persons, syndicate or enterprise acting in
execution or furtherance of a common purpose or conspiracy; or
(iii) where the magnitude of the prejudice or potential prejudice to any person is
more than such amount as the Minister responsible for justice may prescribe by
notice in a statutory instrument;
(g) contravening section 42 (“Offences relating to banknotes”) of the Reserve Bank Act
[Chapter 22:15] or committing any offence relating to the coinage;
(h) contravening subparagraph (i) of paragraph (a) of subsection (1) of section 5 of the
Exchange Control Act [Chapter 22:05] as read with¾
(i) subsection (1) of section 4 of the Exchange Control Regulations, 1996,
published in Statutory Instrument 109 of 1996, (in this paragraph and
paragraph 8 called “the Exchange Control Regulations”), by dealing in any
foreign currency in contravention of paragraph (a) or (b) of that section of the
Regulations without the permission of an exchange control authority;
(ii) subsection (1) of section 10 of the Exchange Control Regulations, by
unlawfully making any payment, placing any money or accepting any payment
in contravention of paragraph (a), (b), (c) or (d) of that section of the
Regulations;
(iii) paragraph (a) or (b) of subsection (1) of section 11 of the Exchange Control
 12

Regulations, by unlawfully making any payment outside Zimbabwe or

incurring an obligation to make any payment outside Zimbabwe;
(iv) paragraph (b). (e) or (f) of subsection (1) of section 20 of the Exchange Control
Regulations, by unlawfully exporting any foreign currency, gold, silver or
platinum, or any article manufactured from or containing gold, silver or
platinum, or any precious or semiprecious stone or pearl from Zimbabwe;
(v) subsection (2) of section 21 of the Exchange Control Regulations, by
unlawfully exporting any goods from Zimbabwe in contravention of that
provision of the Regulations;
(i) contravening paragraph (b) of subsection (1) of section 5 of the Exchange Control Act
[Chapter 22:05] by making any false statement or producing any false document in
connection with a contravention of subsection (2) of section 21 of the Exchange
Control Regulations;
(j) Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter
13:11];
(k) Theft or forgery of¾
(i) a document issued to a person in terms of subsection (1) or (2) of section 7 of
the National Registration Act [Chapter 10:17], or a passport or drivers licence
issued by or on behalf of the Government of Zimbabwe; or
(ii) any visitors entry certificate or other certificate or permit issued to a person in
terms of the Immigration Act [Chapter 4:02], or in terms of any enactment
relating to refugees; or
(iii) any passport, identity document or drivers licence issued by a foreign
government; or
(iv) a vehicle registration plate; or
(v) any documentation relating to the registration or insurance of a motor vehicle;
(l) Stock theft involving a bovine or equine animal;
(m) A conspiracy, incitement or attempt to commit any offence referred to in
subparagraphs (a) to (l).
[Paragraph 1 as substituted by s. 282 of Act No. 23 of 2004]
2. To obtain search warrants from a magistrate or justice of the peace.
3. To seize any travel documents or anything which is reasonably believed to contain evidence
of the commission of an offence related to corruption.
4. To seek through the National Prosecuting Authority court orders for the freezing of any
assets or accounts of persons suspected to be involved in any offence related to corruption.
[Paragraph as amended by s. 33 of Act No. 5 of 2014]
5. To protect and safeguard any persons assisting in investigations involving any offence
related to corruption.
6. To enter any public or private premises and require any public officer or agent of a public
officer (as defined in section 2 of the Prevention of Corruption Act [Chapter 9:16]) therein
to answer any questions related to the investigation of any offence related to corruption.
 13

7. To cause to be prosecuted through the Attorney-General’s Office, any person reasonably

believed to have committed any offence related to corruption.
8. To seek court orders through the National Prosecuting Authority for confiscation of
proceeds of corruption.
[Paragraph as amended by s. 33 of Act No. 5 of 2014]
9. To recommend that any public officer, agency or institution follow a recommended system
to improve administrative efficiency.
10. To make standing orders related to the control and administration of the Commission, the
discipline, training, classification of and promotion of officers, the duties of officers and the
financial regulation of the Commission and any other matters expedient or necessary for
preventing the abuse or neglect of duty and for upholding the integrity of the Commission.